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Implied Consent Hearing

Who is Entitled to a Hearing?

If you have received an Implied Consent Combined Report, you are entitled to a hearing.  The purpose of the hearing is for the judge to decide whether the suspension is valid.

The Office of Administrative Hearings will conduct the hearing by telephone unless one of the parties requests an in-person hearing.

How Do I Request a Hearing?

If you want to ask for an Implied Consent Hearing you can:

  • Submit an online request;
  • Fax your request to DMV Hearings Case Management Unit at 503-945-5521; or
  • Mail or personally deliver your request to:
      DMV Hearings Case Management Unit
      1905 Lana Ave NE
      Salem OR 97314

Your request must be in writing and include:

  • Your full name;
  • Your mailing address;
  • Date of arrest;
  • Your Oregon Driver License, Permit, ID Card or customer number (if you have one);
  • Your date of birth;
  • A telephone number (with area code) where you can be reached during normal working hours;
  • A brief statement of the issues you intend to raise at the hearing;
  • The name, address and telephone number of your attorney (if you have one):
    • You can represent yourself at the hearing. If you want an attorney and can’t afford one, legal aid organizations may be able to help you;
  • Dates and times that you (or your attorney) cannot appear at a hearing; and
  • If you need an interpreter, specify the language.

Other Information

  • Implied Consent hearings cannot be requested via phone.
  • Call the DMV Hearings Case Management Unit at 503-945-5545 to make sure DMV received your request.
  • A request that comes in on a weekend will be considered received on the next business day.

How Much Time Do I Have to Request a Hearing?

  • Breath Test Failure – Your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.
  • Breath, Blood or Urine Test Refusal – Your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.
  • Blood Test Failure – Your request must be received at DMV Headquarters within the number of days stated on the notice sent to you by DMV.

Frequently Asked Questions

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